Sally Hatfield QC DIRECTORIES

Transcription

1 Sally Hatfield QC CALL 1988 (Inner Temple) SILK 2013 PRACTICE AREAS Clinical negligence Personal Injury Inquests Professional Discipline PHOTOGRAPH APPOINTMENTS Recorder 2004 Assistant Deputy Coroner (Manchester) 2008 E: T: F: ASSOCIATIONS PNBA AvMA Inquest Lawyers Group Byrom Street Chambers 12 Byrom Street Manchester M3 4PP DIRECTORIES Receives glowing praise for her client care. As an assistant deputy coroner, she is highly sought after to appear in fatal accident cases. Expertise: "She is particularly skilled in dealing with complex causation issues." "Her drafting is excellent and she has great instincts." Recent work: She was instructed for the claimant in a case arising from allegations of bariatric surgical negligence. (Chambers and Partners 2014 Clinical Negligence) Clinical negligence is the mainstay of her practice. She focuses principally on the representation of both patients and their families, and has considerable experience of cases involving injuries of the highest complexity and severity. She is "unfailingly completely prepared and fantastically articulate," say sources, who also go on to compliment her on the quality of her crossexaminations. Peers admire her ability to fight her clients' corners ferociously "while still remaining personable and human." (Chambers and Partners 2013) Recommended within Personal Injury and Clinical Negligence (Legal )

2 picks up relevant detail in the cases fluently and quickly. (Legal ) Also based at Byrom Street is Sally Hatfield, who is always thoroughly prepared and excellent with clients she is approachable and sympathetic, and really inspires confidence. She comes particularly recommended for her expertise in inquests and is also highly regarded for her work in complex cerebral palsy and cauda equina claims. (Chambers and Partners 2012) Sally Hatfield provides a high-quality, top-notch service for solicitors and clients, and has particular expertise in inquests. (Legal ) Sally Hatfield handles complex cerebral palsy and cauda equina claims, consistently displaying an understanding of the issues at play and grasping the details of the case. Clients describe her as a dynamic senior junior with a breadth of experience and knowledge. (Chambers and Partners 2011) Sally Hatfield is a lawyer of enormously impressive intellect, commended for her client care skills and her ability to offer sensitive explanations to clients who have either been bereaved or who have complex and difficult medical issues (Chambers and Partners) Sally Hatfield has the quality and experience to be instructed in cases suitable for a QC alone (Legal ) Sally Hatfield is efficient, analytical, empathetic with clients and good at assimilating lage amounts of factual detail (Chambers and Partners 2009) Luminaries include Sally Hatfield, who is well respected for the sensible advice and enthusiasm she applies to her work. Her practice encompasses psychiatric and psychotherapeutic matters, as well as deaths arising in the community or in custody." (Chambers and Partners 2008) 'Dynamic and enthusiastic is how interviewees describe Sally Hatfield" (Chambers and Partners 2007) CLINICAL NEGLIGENCE Clinical negligence has comprised Sally s principal practice area for many years. She acts predominantly on behalf of patients and their families, and has extensive

3 experience across the field, from diagnostic error by GP or hospital, to clinical mismanagement of labour, surgery or other procedure, and resulting in significant injury including brain injury. She deals with cases involving causation of injuries of maximum severity and complexity, and particularly also in the psychiatric ramifications of breach of duty by healthcare staff. Sample Concluded cases JD v Mather: 2011, McKay J: Claim involving allegation of delayed diagnosis of melanoma resulting from GP consultation. May 2011: preliminary issue trial as to details of the Claimant s consultation with the Defendant, following which breach of duty admitted 2013, Bean J: Causation trial; Judge found for Claimant s alternative case, namely that delay in diagnosis had reduced his life expectation by 3 years. S v S & O Hospitals NHS Trust 2012: Cerebral palsy claim with significant litigation risk as to breach of duty in failing to heed potential warning signs in labour, whether different management would have resulted in earlier delivery, whether in fact Claimant suffered from cerebral palsy. valuation. Settlement achieved for 2/3 of full liability W v WU Teaching Hospitals NHS Trust 2013: wrongful birth case: Claimant told midwife in 1 st pregnancy of family history of Duchenne Muscular Dystrophy; 3 rd child affected by the condition. Terminal condition, life expectation limited to early 20s. Settlement of 3.75m W v C 2012: Claimant suffered post partum cardiac dissection; claim against GP for failure to heed symptoms suggestive of acute emergency. causation contested. Substantial settlement achieved at JSM Breach of duty and Z v Pennine Acute Hospitals NHS Trust 2011: Claim resulting from negligent obstetric care which led to Claimant undergoing hysterectomy following birth of 1 st child. Settlement of claim included full costs of surrogacy expenses for 2 further children. M v NW Strategic Health Authority 2009: Cerebral palsy claim from 1986 arising from breech delivery, alleging that fetal head rotated 180 on body upon delivery.

4 Sample current cases Wrongful birth claim involving birth of child with sacral agenesis; Brain injury resulting from failure to give vitamin K to newborn; Cerebral palsy claim involving 14 year old mother; Claims involving mismanaged diagnosis of cerebral tumour and mismanaged meningioma surgery; Claims resulting from delay in diagnosis and management of cauda equina syndrome. PERSONAL INJURY Sally undertakes essentially two forms of personal injury work: claims involving grave injuries resulting from road traffic or other accidents, and claims involving abuse or assault. The latter will frequently involve issues of vicarious or institutional liability on the part of hospital, prison or local authority. Representative concluded cases W v M 2013: Claim involving injury sustained in Karate exercise, and brought against karate club and referee; settled on eve of trial. R v H 2011: RTA claim causing paraplegia in young woman; complex issue of capacity. Settled 2011 for 2m plus periodical payments of 65,000pa T v T 2009: Road Traffic Accident in 1984 causing profound orthopaedic and neurological injury. Injuries not stabilised until C reached adulthood when it could finally be quantified and settled. Re H CICA claim resulting from H being shaken as a baby, causing cerebral palsy. Zolla v Goad 2011, Winchester County Court: civil claim against Defendant in person for historic sex abuse

5 Various Claimants v North Yorkshire Health Authority Claim on behalf of approximately 20 women subjected to rape or sexual assault by consultant psychiatrist over many years. P & D v A Hospital Claim on behalf of 2 women subjected to rape or sexual assault by psychotherapist in private hospital. F v Bolton MBC 2010: claim on behalf of several siblings against Local Authority for failure to heed severe maternal neglect and abuse causing psychiatric injury. R v Nottinghamshire CC claim on behalf of family of child taken into care on basis of false allegation of abuse by other family members. Various Claimants v The Home Office group action resulting from allegations of brutality and assault in Young Offender Institution F v The Home Office claim by inmate against Home Office in respect of rape by prison officer settled favourably during the trial. B v Conwy & Denbighshire NHS Trust claim against NHS Trust arising from rape of psychiatric patient by nurse Sample current cases A v N Claim involving horrific burns sustained to child resulting from inadequately guarded fire T v MIB Claim involving brain injury sustained by pedestrian claimant following collision with motorcyclist N v S and others: claims for personal injury, and 2ndary victim claims arising from school bus crash INQUESTS Sally has extensive experience of representation at inquests involving complex healthcare issues in the community or in prison.

6 Sample concluded cases P: Suicide of patient under active psychiatric management RW: neonatal death in midwifery led unit; evidence of systemic failings in the unit raising Article 2 issues. H: Deaths of mother and baby in childbirth S: Death of patient following cranial surgery; evidence of systemic failings in post operative care Sample current cases K death involving community management of patient with diabetes and known history of difficulty maintaining health in the community H death of patient in hospital awaiting routine surgery for hernia; evidence of multiple failures to heed signs of developing bowel obstruction BEST INTERESTS & HEALTHCARE LAW Sally has an interest in the wider issues of medical law, particularly in best interests work, healthcare provision and the interplay between the Human Rights Act and medical treatment. This work is reflected particularly in her work in inquests, prison healthcare and psychiatric illness litigation described above. Further, as co-author of Butterworths New Law Guide to the Mental Capacity Act 2005 (2008) she undertakes best interest litigation in the Court of Protection. She has also advised on public law remedies in relation to healthcare provision. She served for several years until recently on an NHS Research Ethics Committee. Sample concluded cases FN Court of Protection application re termination of pregnancy in woman with profound learning disabilty C Court of Protection application re treatment of disabled child in the face of mother s objection

7 PROFESSIONAL DISCIPLINE Sally is instructed on behalf of the GMC in fitness to practise and registration cases against doctors. Cases include: a mismanaged obstetric delivery followed by job application dishonesty to hide the event, persistent failures alleged against a consultant anaesthetist, mismanagement of a urological procedure followed by dishonesty at inquest, sexual misconduct, self medication and addiction, the registration requirements for non EU nationals. PERSONAL INFORMATION Born 3 rd May Lincoln College, Oxford, BA (Jurisprudence) 1 st Class 1986 Married with 3 children Sally is also an Associate Tenant at Doughty Street Chambers, London WC1N LECTURES, SEMINARS AND PUBLICATIONS Co Author, Butterworths New Law Guide to the Mental Capacity Act 2005 (2008) Regularly lectures to lawyers and to healthcare professionals. Recent titles include: Vulnerability and the law: the protection of the vulnerable offered by the Mental Capacity Act, Liability in complex A&E situations, Recent developments in limitation, Inquests: Opportunity or Ordeal? Causation several and cumulative causes of medical injuries, liability and contribution Provisional damages a practitioners guide Who to sue? Problems arising in the new NHS